IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
THOMAS JOSEPH – Appellant
Versus
SHYJU VARGHESE – Respondent
| Table of Content |
|---|
| 1. dishonor of cheque leads to conviction. (Para 1 , 2) |
| 2. defendant claims lack of consideration. (Para 3 , 4) |
| 3. revisional jurisdiction concerns established principles. (Para 5 , 6) |
| 4. excessive sentence must be appropriately altered. (Para 7) |
O R D E R
The concurrent verdicts of Judicial First Class Magistrate Court, Nedumkandam and Additional Sessions Court, Thodupuzha in S.T No.135/2005 and Crl.A No.86/2007 respectively, convicting and sentencing the petitioner for the commission of offence under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘the N.I Act’), are under challenge in this revision petition filed by the accused in the said case.
2. The case relates to the dishonour of a cheque dated
24.10.2004 for an amount of Rs.42,000/- which the petitioner executed and issued to the complainant/first respondent. Since the petitioner did not pay the cheque amount despite statutory notice issued by the complainant/first respondent, the criminal prosecution was launched against him before the learned Magistrate.
3. After a full fledged trial, with the examination of the complainant as PW1 and the marking of five documents from the part of the complainan
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